Legal Opinion

Silva v. Di Vittorio

Court of Appeals for the Ninth Circuit

Decided September 26, 2011No. 08-15620PublishedCited by 458 opinions

1Opinion of the Court

Opinion by Judge KENDALL; Dissent by Judge O’SCANNLAIN.

*1095OPINION

KENDALL, District Judge:

Matthew Silva (“Silva”), a Washington State prisoner, appeals the district court’s sua sponte dismissal of his pro se civil rights action for failure to state a claim upon which relief may be granted. We have jurisdiction under 28 U.S.C. § 1291 to review the district court’s order dismissing Silva’s first amended complaint without leave to amend and, for the reasons set forth below, we reverse in part, affirm in part, and remand to the district court for proceedings consistent with this opinion.…

2Cases cited45 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Jones v. BockSupreme Court of the United States · 2007
  3. Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
  4. Lewis v. CaseySupreme Court of the United States · 1996
  5. Bounds v. SmithSupreme Court of the United States · 1977

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3Cited by458 opinions

  1. Wilhelm v. RotmanCourt of Appeals for the Ninth Circuit · 2012
  2. Scott Nordstrom v. Charles RyanCourt of Appeals for the Ninth Circuit · 2014
  3. Olivas v. Nevada Ex Rel. Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2017
  4. Richard Blaisdell v. C. FrappieaCourt of Appeals for the Ninth Circuit · 2013
  5. Madero Pouncil v. James TiltonCourt of Appeals for the Ninth Circuit · 2012

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